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Tenure on Graves and Mausoleum Crypts
Under the 2003 Cemeteries Act, a Right of Interment (e.g. grave) will be held in perpetuity (for all time) if it is ‘exercised’. The Act states that a Right of Interment is exercised:
• when human remains are interred at the place of
interment to which the Right of Interment applies, or
• when the holder of the Right of Interment creates a
memorial at the place of interment.
Many families purchase their preferred grave in advance i.e. before death occurs. It makes good sense. There is no limit on how long you can hold the vacant grave, provided you keep us informed of your correct address.
Tenure on Cremation Memorials
As a not for profit organisation serving the needs of the community, St Kilda Cemetery is conscious of its community obligations. In order to ensure that land is available for future generations, cremation memorials have been sold with varying tenure periods over the years. The dates below outline the changes that have occurred.
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| Prior to 1.3.1968 |
All memorials were sold in perpetuity (for all time). |
| 1.3.1968 to 31.12.1975 |
Tenure periods were introduced.
Trees, Wall Niches and Ground Niches were sold with a 50 year tenure.
Shrubs and Roses were sold with a 25 year tenure. |
| From 1.1. 1976 |
25 year tenure periods commenced from the date of purchase for all cremation memorials. |
| From 5.6.1998 |
Perpetuity (for all time) available for all existing and new cremation memorials. |
If you have any questions regarding the tenure of a memorial please feel free to contact us.
Perpetuity (Forever) Is a Very Long Time
St Kilda Cemetery recognises that perpetuity (forever) is a long time. When we allow people to transfer a memorial to perpetuity, we recognise that at some stage in the future we may need to renovate, refurbish or rebuild areas.
As a consequence, even a memorial in perpetuity may need to be:
• temporarily removed whilst maintenance is carried out within the area
• temporarily removed to allow redevelopment/enhancement of the area.
Families can be secure in the knowledge that:
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memorials will be preserved forever
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if significant infrastructure development is necessary, their loved one will be positioned in an equivalent or
better position.
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